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Report: #629787

Complaint Review: Mike Klein and Associates, Tim Gould Fake Magazine - Internet

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  • Reported By: james — Beverly Hills California USA
  • Author Not Confirmed What's this?
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  • Mike Klein and Associates, Tim Gould Fake Magazine Internet United States of America

Mike Klein and Associates, Tim Gould Fake Magazine Fake Magazine LLC Cease and Desist Con Artist, Fraud, Fake, Liar, Wanted Internet

*REBUTTAL Owner of company:

*REBUTTAL Owner of company: Due Diligence

*UPDATE Employee: Rebutt

*Author of original report: Mike Klein Fraud Producer Investor

*UPDATE Employee: Formatted 'IN'

*UPDATE Employee: in

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 Our TM# is 85092261
 
July 28, 2010
VIA FAX (323) 798-1734                    
AND U.S. MAIL                            
Michael Klein
Sharon Esther
Timothy Gould                                                    
8581 Santa Monica Blvd., Suite 304
West Hollywood, CA 90069                        

    Re:    James Buccelli v. Michael Klein, et al.  

Dear Sirs/Madam:

    We are writing you on behalf of our client James Buccelli owner of the proprietary trademark rights to Runway Magazine, Fake Magazine, and certain other proprietary content associated therewith.  Please be advised that Mr. Buccelli takes his intellectual property rights seriously and aggressively enforces his rights.  

    We have recently become aware that you have formed a California Limited Liability Company using the trade name Fake Magazine, LLC, which incorporates our clients proprietary trademark Fake Magazine. Furthermore, in so doing, you have also misappropriated and published via the Internet, certain confidential materials in violation of trade secret laws as well as in breach of the Non-Circumvention/Non-Disclosure Agreements (NDA) you each executed with Mr. Buccelli.  

    Even more importantly, you have egregiously taken his proprietary and copyrighted content and converted it to your own use in violation of civil and criminal laws, including but not limited to violation of the Computer Fraud and Abuse Act 18 U.S.C. 1030 and Cal. Penal Code 502, which prohibit knowingly obtaining information from a protected computer, or intentionally accessing anothers computer in order to devise and/or execute a scheme to defraud and deceive. We are further informed that you have forwarded Mr. Buccellis personal and business mail to your own addresses for unlawful gain which is also an offense under United States federal law pursuant to 18 U.S.C. 63.

     In addition, you have also wrongfully published copyrighted materials, photographs and content which are owned by my client in violation of 17 U.S.C. 501, including the copyright and trademark rights in the name Fake Magazine, for which our client owns a U.S. Trademark Application.  Please be advised that these actions are a clear infringement of the trademarks and copyrights in our clients proprietary content.  This is obviously not acceptable to our client.  Your conduct has caused irreparable harm and incalculable harm and injuries to my client (including but not limited to his reputation and goodwill). As a result our client is entitled to injunctive relief, compensatory damages, punitive and exemplary damages, attorneys fees, costs and other appropriate relief.

    Accordingly, in order to protect Mr. Buccellis rights, we must insist that you: 1) cease and desist from any and all further use of Mr. Buccellis proprietary and copyright protected materials, photographs and content; cease and desist from any use of the trademark Fake Magazine or any mark similar thereto; cease and desist from any use of materials you have obtained either illegally from Mr. Buccellis computers, mail or other personal belongings; cease and desist from any use of materials you have obtained lawfully from Mr. Buccelli pursuant to your NDA with him; expressly dissolve your unlawfully formed California Limited Liability Company using Mr. Buccellis Fake Magazine trademark or in the alternative, change the name to one which does not incorporate Mr. Buccellis proprietary mark forthwith; and immediately return all materials, photographs and other content improperly or unlawfully obtained as set forth herein.   

    We request your prompt written reply to this demand along with an accounting of all revenue generated using our clients proprietary trademarks designs, content or materials.  If you are not willing to do so, we will have to assume that your selection and continued use of the infringing material is an intentional attempt to infringe upon Mr. Buccellis copyrights and trademark rights, and we will have no choice but to initiate appropriate legal proceedings to protect our clients rights.  

    We trust that you understand the seriousness of this matter.  We request your written response within five business days of receipt of this letter. Nothing contained in or omitted from this letter will be deemed to be an admission of any fact or a waiver of any rights or remedies with respect to the subject of this letter, all of which rights and remedies are expressly reserved.

 
                    Very truly yours,



                    Michael P. Martin for
                    FISCHBACH, PERLSTEIN, LIEBERMAN
                    310.556.1956

This report was posted on Ripoff Report on 08/08/2010 10:12 AM and is a permanent record located here: https://www.ripoffreport.com/reports/mike-klein-and-associates-tim-gould-fake-magazine/internet/mike-klein-and-associates-tim-gould-fake-magazine-fake-magazine-llc-cease-and-desist-con-629787. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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Updates & Rebuttals

REBUTTALS & REPLIES:
1Author
3Consumer
2Employee/Owner

#6 REBUTTAL Owner of company

XXX

AUTHOR: - ()

POSTED: Saturday, July 02, 2022

XXX

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#5 REBUTTAL Owner of company

Due Diligence

AUTHOR: Michael Klein, Publisher - (United States of America)

POSTED: Thursday, August 12, 2010

http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-f255b.htm

http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-49c6f.htm

http://www.ripoffreport.com/festivals-event-services/james-buccelli/james-
buccelli-runway-magazine-9de83.htm

http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-f255b.htm

http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-49c6f.htm

http://www.ripoffreport.com/festivals-event-services/james-buccelli/james-
buccelli-runway-magazine-9de83.htm

http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-f255b.htm

http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-49c6f.htm

http://www.ripoffreport.com/festivals-event-services/james-buccelli/james-
buccelli-runway-magazine-9de83.htm

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#4 UPDATE Employee

Rebutt

AUTHOR: ComposerTMG - (United States of America)

POSTED: Wednesday, August 11, 2010

Plus 1 (310) 776-5191

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#3 Author of original report

Mike Klein Fraud Producer Investor

AUTHOR: Tim Gould - (USA)

POSTED: Tuesday, August 10, 2010

Mike, why dont you return everything you robbed from me? How dare you you steal from me and my family! You had nowhere to go and we helped you. Your KARMA is right around the corner my friend. I hope you have prepared.

I urge you to do the right thing Mike.

There are many people you have betrayed and CONNED. They all want you to go down.

Why did you change your name from Peavlor. When is it going to stop? Even though Tim is just as guilty< I feel sorry for him that you use him and ABUSE him. I hope he gets smart before you ruin his life to. Who are you? Stay off the speed man.

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#2 UPDATE Employee

Formatted 'IN'

AUTHOR: Intimidating1 - (United States of America)

POSTED: Tuesday, August 10, 2010








August 1, 2010




VIA ELECTRONIC MAIL




Michael P. Martin




mmartin@fpllaw.com




Re: James Buccelli v. Michael Klein, et al.




Dear Sir:




I am writing you in response to the document entitled




{'CeaseandDesist1.doc' \ \7\29\2010 10:45 AM}. Please be advised that we




at Fake Magazine LLC take this attempt to commit intellectual property theft




and false claims of ownership to our registered and documented first use of




FAKE Magazine(TM) very seriously and shall unrelentingly enforce our rights




using transparency and hard documentation.




 




In response to the execute a scheme to defraud and deceive, there




exists a plethora of hard documentation and evidence, including but not




limited to, voice-mails, text messages, e-mails and phone records, that prove




fact over false accusations. No monetary gain has been attained whatsoever,




and in fact large amounts of personal funds have been depleted on behalf of




Mr. Buccelli in the form of assisting him to divide his possessions between




two parties without any clear instruction left before he was incarcerated on




January 4th, 2010. The mail key was left in my possession, and solely my




possession, as were the keys to the re-possessed loft at 3450 Cahuenga




Blvd. West, Los Angeles 90068.




 




Add to the above evidence and in response to harm and injuries to




my client (including but not limited to his reputation and goodwill),




numerous character and circumstantial witnesses both personal and




professional who have already been defrauded by Mr. Buccelli in the past, as




well as a few reports on ripoffreport.com, long before Mr. Klein and Mr.




Buccelli ever met, which was on or around December 3rd, 2009.




 




Furthermore, Mr. Buccelli had no involvement nor was even aware of FAKE




Magazine(TM) until he met with a Mr. J. Bianco very recently to retrieve his




computer, an 'Imac' brand Apple computing machine device which was not




used whatsoever personally by myself, Mr. Klein, for any business matters. It




is merely speculated at this meeting that Mr. Bianco made Mr. Buccelli aware




of Mr. Klein's publication, as on record via a text message asking for the first




time about FAKE Magazine(TM) as shown in this record from Google Voice




number (310) 776-5191:




('me' below is Michael Klein)




 




James Buchelli 15711da20df4b999 (310) 739-7408 - mobile




7/15/10 6:22 PM 2 weeks ago




James Buchelli: Fake huh? 6:22 PM




Me: Out of Los Angeles. How FAKE-tastic! 6:38 PM




 




It is requested of you and your client within 2 business days of the receipt of




this letter to provide the appropriate and specific evidence and due




diligence, including but not limited to: hard documentation, exact and




specific ways in which any and all of supposed copyrighted materials that Mr.




Buccelli owns were allegedly violated, specific trade secrets in question




allegedly breached, and any and all other specifics that were omitted either




on purpose or unknowingly by counsel on behalf of Mr. Buccelli and any




associates who may or may not have assisted Mr. Buccelli in regards to




retaining council using personal finances.




 




From and Signed,

 




 




Mr. Michael Klein




Manager




Fake Magazine LLC



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#1 UPDATE Employee

in

AUTHOR: Intimidating1 - (United States of America)

POSTED: Tuesday, August 10, 2010

| 8581 Santa Monica Blvd. Suite 304 W. Hollywood CA 90069 | (310) 776-5191 t (323) 798-1734 f | www.fakethemag.com | | August 1, 2010 VIA ELECTRONIC MAIL Michael P. Martin mmartin@fpllaw.com Re: James Buccelli v. Michael Klein, et al. Dear Sir: I am writing you in response to the document entitled {'CeaseandDesist1.doc' \ \7\29\2010 10:45 AM}. Please be advised that we at Fake Magazine LLC take this attempt to commit intellectual property theft and false claims of ownership to our registered and documented first use of FAKE Magazine(TM) very seriously and shall unrelentingly enforce our rights using transparency and hard documentation. In response to the execute a scheme to defraud and deceive, there exists a plethora of hard documentation and evidence, including but not limited to, voice-mails, text messages, e-mails and phone records, that prove fact over false accusations. No monetary gain has been attained whatsoever, and in fact large amounts of personal funds have been depleted on behalf of Mr. Buccelli in the form of assisting him to divide his possessions between two parties without any clear instruction left before he was incarcerated on January 4th, 2010. The mail key was left in my possession, and solely my possession, as were the keys to the re-possessed loft at 3450 Cahuenga Blvd. West, Los Angeles 90068. Add to the above evidence and in response to harm and injuries to my client (including but not limited to his reputation and goodwill), numerous character and circumstantial witnesses both personal and professional who have already been defrauded by Mr. Buccelli in the past, as well as a few reports on ripoffreport.com, long before Mr. Klein and Mr. Buccelli ever met, which was on or around December 3rd, 2009. Furthermore, Mr. Buccelli had no involvement nor was even aware of FAKE Magazine(TM) until he met with a Mr. J. Bianco very recently to retrieve his computer, an 'Imac' brand Apple computing machine device which was not used whatsoever personally by myself, Mr. Klein, for any business matters. It is merely speculated at this meeting that Mr. Bianco made Mr. Buccelli aware of Mr. Klein's publication, as on record via a text message asking for the first time about FAKE Magazine(TM) as shown in this record from Google Voice number (310) 776-5191: ('me' below is Michael Klein) James Buchelli 15711da20df4b999 (310) 739-7408 - mobile 7/15/10 6:22 PM 2 weeks ago James Buchelli: Fake huh? 6:22 PM Me: Out of Los Angeles. How FAKE-tastic! 6:38 PM It is requested of you and your client within 2 business days of the receipt of this letter to provide the appropriate and specific evidence and due diligence, including but not limited to: hard documentation, exact and specific ways in which any and all of supposed copyrighted materials that Mr. Buccelli owns were allegedly violated, specific trade secrets in question allegedly breached, and any and all other specifics that were omitted either on purpose or unknowingly by counsel on behalf of Mr. Buccelli and any associates who may or may not have assisted Mr. Buccelli in regards to retaining council using personal finances. From and Signed, Mr. Michael Klein Manager Fake Magazine LLC

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